(File photo)Approved:
- Changes to the rules governing Lights of the Ozarks
- Two property vacation requests
- Extending the sunset clause for the city’s short-term rental ordinance
- Adopting the 2024 budget
- A $2.3 million contract for the construction of the Prairie Street and West Avenue Improvements Project
- A $48,000 contract for a Park Impact Fee Study
- Accepting a $250,000 grant to fund two new police officer positions for the expansion of the School Resource Officer Program
Meeting duration
This meeting lasted 4 hours and 9 minutes, and was adjourned at 9:39 p.m.
Meeting info
A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Nov. 21, 2023 inside City Hall in Room 219. The meeting is also available on Zoom and will be broadcast live on the city’s YouTube channel.
Listed below are all the items up for approval and links to PDF documents with detailed information on each item of business.
Oath of Office
1. Bob Stafford, Council Member – Ward 1
Roll call
Present: Bob Stafford, D’Andre Jones, Sarah Moore, Mike Wiederkehr, Mayor Lioneld Jordan, Scott Berna, Sarah Bunch, Teresa Turk, Holly Hertzberg
Absent: None
» View current attendance records
Agenda Additions
1. Waive Fees
A resolution to waive the appeal fees for DeLani Bartlette’s grading permit.
Councilmember Moore said she wants to waive the $100 appeal fee for Bartlette, who is appealing a grading permit that was recently issued for a project.
Discussion:
There was no public comment.
Decision:
The council voted 8-0 to approve the resolution.
Consent
Consent items are approved in a single, all-inclusive vote unless an item is pulled by a council member at the beginning of the meeting.
1. Approval of the Nov. 7, 2023 City Council meeting minutes.
– Pass 8-0
2. Fay Apartment Partners, LLC – Cost share (Details): A resolution to authorize a cost share with Fay Apartment Partners, LLC in the amount of $49,151.00 for street improvements on North Whitham Avenue.
– Pass 8-0
3. Sweetser Construction, Inc. – Construction contract (Details): A resolution to authorize a contract with Sweetser Construction, Inc. in the amount of $2,315,976.00 for the construction of the Prairie Street & West Avenue Improvements Project, to approve a project contingency in the amount of $230,000.00, and to approve a budget adjustment – 2019 Street Improvement Bond Project.
– Pass 8-0
4. South Delta Aviation Inc. – 4230 S. School Ave. lease agreement (Details): A resolution to approve a three-year lease agreement with South Delta Aviation for the hangar located at 4230 South School Avenue for rent in the amount of $1,400.00 per month.
– Pass 8-0
5. South Delta Aviation Inc. – 4248 S. School Ave. lease agreement (Details): A resolution to approve a three-year lease agreement with South Delta Aviation for the hangar located at 4248 South School Avenue for rent in the amount of $3,177.00 per month.
– Pass 8-0
6. MGT Consulting – Park impact fee study (Details): A resolution to authorize a contract with MGT Consulting, pursuant to RFP 23-15, in the amount of $48,325.00 to conduct a Park Impact Fee Study, and to approve a project contingency in the amount of $5,000.00.
– Pass 8-0
7. Fayetteville Fire Department Administrative Policies – Policy update (Details): A resolution to approve updates to Fayetteville Fire Department Administrative Policies.
– Pass 8-0
8. Gall’s LLC – Purchase agreement (Details): A resolution to award RFP 23-17 and approve a one-year contract with Gall’s, LLC for police uniforms, equipment, and quartermaster services with automatic renewals for up to four additional one-year terms.
– Pass 8-0
Pulled from Consent
1. Community Oriented Policing Services Hiring Program – Grant award (Details)
A resolution to authorize acceptance of the 2023 Community Oriented Policing Services Hiring Program grant in the amount of $250,000 to fund two new police officer positions for the expansion of the School Resource Officer Program for a period of four years, and to approve a budget adjustment.
– Pass 7-1
This item was pulled from consent by Councilmember Moore. She said she can’t in good conscious vote for any funding that provides for more police officers in schools. She said she has seen no evidence that police presence in schools provides a safer environment.
Police Chief Mike Reynolds said this item was brought forward specifically because the City Council last year committed to adding two new officers annually until each school has a full-time officer on duty every school day. Reynolds said he then applied for a grant – that the council also approved – to help fund those positions.
Stafford said we’re living in a different world these days, and he can’t deny that police presence in schools does add an element of safety. He’ll support the resolution, he said.
Berna and Jones said they are also in support.
Hertzberg moved to suspend the rules to forego public comment and vote immediately. Berna seconded. That motion passed 6-2 with Stafford and Jones voting against.
Decision:
During the final vote, the council voted 7-1 to approve the resolution. Moore voted against.
Unfinished Business
There is no unfinished business.
New Business
1. Lights of the Ozarks – Ordinance updates (Details)
An ordinance to amend §117.93 Lights of the Ozarks to expand the event area to include the block of East Avenue between Mountain Street and Center Street, to amend §178.04 Outdoor Mobile Vendors to authorize food trucks and trailers to operate on the downtown square during certain standing events, and to declare an emergency.
– Pass 8-0
The Downtown Fayetteville Coalition and Experience Fayetteville are requesting a change to the special event permit for Lights of the Ozarks to include a longer street closure than is currently allowed by code for mobile food truck vendors. This requires an amendment to city code to allow closure of East Avenue between Mountain Street and Center Street.
City staff said they agree the change will be not only safer for visitors by expanding the pedestrian space, but it will also encourage pedestrians to spend more time patronizing businesses in the downtown area.
Discussion:
The mayor would still have to authorize any road closures, staff said.
Stafford said it could help the food truck vendors if they can keep from having to move back and forth to their operating location each day.
There was no public comment.
Staff said an amendment is needed to add that the city may require additional safety measures be in place. That amendment passed 8-0.
Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it, including an emergency clause to put it into effect immediately.
2. Vacation-2023-0002 – 2395 E. Amherst Aly/Carrender, 137 (Details)
An ordinance to approve VAC 23-02 for property located at 2395 East Amherst Aly in Ward 3 to vacate a 196 square foot portion of an access easement.
– Pass 8-0
The property is about 1/2 mile west of the intersection of Zion Road and Crossover Road. The applicant proposes to vacate a portion of an existing access easement in order to continue with an associated building permit for a deck and pergola.
City staff recommend approval of the request.
Location:
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.
3. Vacation-2023-0011 0 2417 N. Shiloh Dr./Lewis Brothers Leasing Co., 286 (Details)
An ordinance to approve VAC 23-11 for property located at 2417 North Shiloh Drive in Ward 2 to vacate portions of street right-of-way totaling 0.28 acres.
– Pass 8-0
The property is southwest of the intersection of Shiloh Drive and Moore Lane. The property encompasses multiple parcels which are currently under development as the new Lewis Automotive Mall. The applicant proposes to vacate portions of right-of-way along Moore Lane. The land within the right-of-way proposed to be vacated is currently undeveloped. Prior to 2019, the area was the location of Moore Lane’s alignment.
Both city staff and the Planning Commission recommend approval of the request.
Location:
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.
4. Short-Term Rental Sunset Clause – Amendment (Details)
An ordinance to amend Ordinance 6427 and Ordinance 6625 to extend the sunset provision for short-term rental regulations to December 31, 2024.
– Pass 5-3
The city’s short-term rental ordinance has a sunset clause that calls for it to expire on Dec. 31 unless it’s extended or made permanent. The council’s Ordinance Review Committee has requested an amendment that would extend the sunset clause to Dec. 31, 2024 in order to allow more time to consider any necessary amendments to the rules.
Discussion:
Stafford said he wishes the council could revisit the short-term rental ordinance on a regular – possibly quarterly – basis.
Jonathan Curth, the city’s development services director, said there are 93 Type 1 permits and 410 Type 2 permits approved as of today. Curth said there are 12 Type 1 permits and 48 Type 2 permits currently under review. The city has a cap of 475 Type 2 rentals, meaning there are 17 permits remaining.
Stafford moved to amend the ordinance to shorten the sunset clause date to six months instead of a year (that would be June 30, 2024).
Turk said having a full year gives the council more opportunity to make adjustments to the ordinance. She said she believes the council is making good headway, so she won’t support the amendment.
Stafford’s amendment failed with Wiederkehr, Berna, Bunch, Turk and Hertzberg voting against. Jones, Stafford and Moore voted for the amendment.
Berna said he understands that people want to see things move more quickly when it comes to getting the ordinance finalized, but speed doesn’t always equal accuracy, which is why he voted against expediting the sunset clause.
Decision:
The council advanced the ordinance to the third reading, and voted 5-3 to approve it. Jones, Stafford and Moore voted against.
5. Proposed 2024 Annual Budget & Work Program – Resolution (Details)
A resolution to adopt the 2024 Annual Budget and Work Program.
– Pass 8-0
This ordinance would adopt the 2024 budget.
» See the proposed budget here
Discussion:
Moore said she would like the city to put more money toward some specific staffing positions – including a long range planner, a code compliance officer, a grant administrator, and the deputy clerk position that was proposed at the Oct. 17 meeting and was tabled indefinitely.
Staff said three of those positions were requested by city staff, but it was decided that the city cannot afford to fund them at this time.
Moore moved to amend the budget to add a long range planner to the budget. Staff said that cost would be $90,000. The motion to amend failed 3-4. Jones, Wiederkehr and Moore voted in favor. Berna, Bunch, Turk and Hertzberg voting no. Stafford abstained.
Jones moved to amend the budget and add the deputy clerk position. Staff said that cost would be $85,600. That motion failed 3-5. Stafford, Jones and Moore voted in favor. Wiederkehr, Berna, Bunch, Turk and Hertzberg voted against.
Moore moved to amend the budget and add a code compliance officer and truck at a cost of $143,000. That motion failed 1-6. Moore voted in favor. Jones, Wiederkehr, Berna, Bunch, Turk and Hertzberg voted against. Stafford abstained.
Moore moved to amend the budget and add a grant administrator position at a cost of $80,000. That motion failed 1-7. Moore cast the only vote in favor.
Moore suggested tabling the resolution since it’s Stafford’s first meeting. Stafford said he attended the budget session, has reviewed the budget, and is comfortable voting tonight.
Decision:
The council voted 8-0 to approve the resolution.
Meeting duration
This meeting lasted 4 hours and 9 minutes, and was adjourned at 9:39 p.m.
